This Article was published in Hebrew in Yediot Aharonot, and on Ynet in English
Jerusalem occupies a unique spot in Christianity, which includes not only religious sacredness but a political status as well. Both Christians and Jews chose Jerusalem as their capital when they had the military and political power to do so. The Muslims, on the other hand, never did that.
This article was published in Hebrew in Yediot Aharonot and in English on Ynet web site on Nov. 30,2016
It’s time for the High Court of Justice to examine its peculiar policy of criticizing every appointment in the public service sector.
The High Court of Justice, in a panel presided by Supreme Court President Miriam Naor, dealt ardently with a petition filed by Meretz’s female Knesset members against Eyal Karim’s appointment as chief military rabbi.
This article was published in the Jerusalem Post on August 23, 2016
The recent Jerusalem Post editorial “Judicial activism – the lesser evil” criticizes the views expressed in my book The Purse and the Sword – The Trials of Israel’s Legal Revolution while extolling
a long list of Supreme Court decisions. I am afraid that my position has been misunderstood. In my view, judicial activism may be justified in some instances but is unacceptable when it disregards reasonable Knesset legislation, assumes that everything is justiciable, ignores the separation of powers and turns the court into a player in the political and governmental arena.
The distinction between different types of judicial activism can be demonstrated by reference to two lines of cases, both discussed in my book and both equally praised in your editorial. In one of
The book presents a critical analysis of the Israeli legal system in the context of Israeli politics, history and the forces that shape Israel society. The book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of the Israeli legal system and the shifts in the balance of power between the branches of government. Centrally, this shift, has put unprecedented power in the hands of both the Court and Israel’s attorney general and state prosecution at the expense of Israel’s cabinet, constituting its executive branch, and the Knesset, its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years.
An override law would enhance the standing of the Supreme Court and confer legitimacy on its power to annul laws
לקריאת המאמר בתאב נפרד
המאמר עוסק בסמכויות הרחבות של היועץ המשפטי, שלמיטב ידיעתי אין מדינה בעולם המעניקה סמכויות כאלה לבעל תפקיד שאיננו נבחר על ידי הציבור. המאמר עוסק גם בהשלכות המהפכה המשפטית ותרומתן להרחבת סמכויות היועץ המשפטי, וכן להליך בחירתו ולכישלונן של שתי ועדות החיפוש, להציע מועמדים בהתאם לדרישות העולות מדו"ח ועדת שמגר בנושא ומהחלטות הממשלה.
לקריאת המאמר בטאב נפרד
The fact finding mission to Gaza was created with a dubious mandate, populated by biased members, influenced by Hamas observers, and conducted with a disregard for Israeli evidence and witnesses.
לקריאת המאמר בטאב נפרד
The stories in the Bible present some of the most memorable approaches to justice ever described. Legal scholar Daniel Friedmann presents an innovative exploration of the legal, moral, and political aspects of some of the best-known and dramatic biblical tales.From God's judgment on Adam and Eve, to David and Goliath's "Trial by Combat", to the issues of matrimony, adultery, and polygamy raised in the story of Abraham and Sarah, Friedmann presents compelling insights on a wide range of themes in biblical stories.